State v. Lewis

Defendant was tried by a jury and convicted of theft in the second degree (ORS 164.045) for stealing a guitar. The guitar belonged to Floyd Julian, a professional musician. One day after the guitar was stolen, defendant sold it to a pawn shop, H & B Loan Company, for $100. The trial court suspended the execution of a one-year jail term and placed defendant on three years’ probation. As conditions of probation, defendant was ordered to make restitution in the amounts of $100 to H & B Loan Company and $232 to Mr. Julian. Defendant appeals from the order of restitution.

Defendant first argues…